TERMS OF USE

These Thebashco Terms of Use (this “Agreement”) are entered into by The Bashco Ltd (a registered Irish company “Thebashco” or the "Service Provider") and you as an individual or, if you execute this Agreement on behalf of a legal entity, that entity (the “Customer”). This Agreement governs the Customer’s use of the Thebashco service that enables you to setup a hosted online marketplace (the “Service“).

BY USING THE SERVICE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND, IF YOU HAVE INDICATED THAT YOU ACT ON BEHALF OF AN ENTITY, ARE AUTHORISED TO ACT ON BEHALF OF SUCH ENTITY. If You do not understand or wish to be bound by this Agreement, please do not use, access or register with the Service. NOTHING IN. THIS AGREEMENT REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON APPLICABLE MANDATORY PROVISIONS OF LAW.

1. Service

THEBASH.CO is a marketplace that allows people to buy, sell and offer accommodation and services to each other with a fixed price format. THEBASH.CO is not directly involved in the transaction between buyers and sellers. As a result, THEBASH.CO has no control over the quality, safety, morality or legality of any aspect of the items or activities listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. THEBASH.CO does pre-screen business users or merchants to ensure they are aligned with the ethos of THEBASH.CO however THEBASH.CO cannot ensure that a buyer or seller will actually complete a transaction. THEBASH.CO cannot guarantee the true identity, age, and nationality of a user. THEBASH.CO encourages you to communicate directly with potential transaction partners through the tools available on the Site (i.e. THE BASH MESSENGER).

You agree that THEBASH.CO is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on THEBASH.Co You use the service at your own risk.

You can use the Service to setup Your own online listing (the “Marketplace”) subject to the terms and conditions of this Agreement and possible policies posted on the website of the Service at thebashco.com. The Service will be hosted by Thebash.co in its own dedicated internet address (agreed separately with You).

You are solely responsible and liable for the Marketplace and any business and activities carried out on the Marketplace. Between You and Thebash.co, You are responsible for the transactions carried out on the Marketplace. Without limiting the foregoing, You are responsible for operating the Marketplace in accordance with all applicable laws, rules and regulations, and for posting such Terms of Use, Terms of Sale and other terms and policies (together the “Marketplace Terms”) on the Marketplace as may be required by applicable laws, rules and regulations. You are responsible for ensuring that, unless and to the extent dictated by mandatory provisions of applicable law, the Marketplace Terms are not in violation of the provisions of this Agreement. Thebash.co and You are independent contractors and You have no authority to give or make any guarantees or representations on behalf of Thebash.co to any party.

Changes to the Service

The Service is based on the Thebash.co open source software platform and will be evolving as the platform gets updated. Thebash.co is entitled to change the Service or its part at any time. Thebash.co shall make its best efforts to inform you in advance of material changes adversarially affecting your use of the Service. If you do not wish to use the changed Service, you may terminate your use of the Service and this Agreement effective as of the date on which the changes would take effect by informing Thebash.co of such termination prior the date.

2. Marketplace Content and Information

Content

Between the Parties and subject to the rights of the users of Your Marketplace, You retain the title and all right to all text, pictures and other content (the “Content”) You or the users of Your Marketplace create in or submit to the Service. You are solely responsible for the Content. You acknowledge that the content is controlled by you or other users who have created or submitted the Content, and they are not created, submitted or controlled by Thebashco. Thebashco is merely providing a platform enabling You to setup and operate the Marketplace and its Contents.You permit Thebashco and other users to use the Content to provide the Service and otherwise in accordance with the nature of the Service.
The role of Thebashco in respect to the Marketplace and Content is that of a hosting service provider pursuant to the Directive 2000/31/EC of the European Parliament and of the Council on Electronic Commerce. You agree that Thebashco may disable Your Service or its part following Thebashco’s receipt of a takedown notice or for any other reason.

Privacy

As a Service platform provider, Thebashco processes and stores end user personal data on your behalf. Thebashco will abide by the applicable Irish and European Union regulation when performing such tasks. For more information on how Thebashco processes end user personal data, please see the Thebashco Privacy Policy.

As a user, you are obliged to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify thebash.co of any unauthorized use of your password or any breach of security. You also agree that thebash.co cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

3. Fees and Payment Terms

There is no charge to sign up or to list items on THEBASH.CO. If you are a buyer, you will pay the price that is listed by the merchant with no additional fees. If you are a merchant, you can choose between PayPal or Stripe to link your payments. If you utilize PayPal, you will be charged a 5% transaction fee (on the total value of the transaction) the sale price of the item and then an additional 3% approximately from PayPal. If you utilize Stripe, you will be charged a 5% transaction fee (on the total value of the transaction) the sale price of the item and then an additional 1.9% approximately from Stripe.

Professional Courtesy Rule (For Business Users) - All payments are to be taken via THEBASH.CO payment process. Offsite payments including cash or bank transfer are not permitted under our Professional Courtesy Rule. If you engage is offsite payments, we will ask you to leave the booking platform and we’ll no longer support your business.

Thebashco reserves the right to change pricing when needed. Thebashco shall notify You of a change in the fees charged for the Service at least 60 days in advance and You should wish not to accept the change in fees, You can terminate this Agreement to end in accordance with Section 8 below.

Refunds and exchanges should be on a case by basis. Whenever you list an item you should include whether it is available for refund and exchange prior to posting the listing.

5. Intellectual Property Rights

Thebashco own the title and intellectual property rights to the Service.

6. Indemnification

You agree to indemnify, defend and hold Thebashco, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your breach of the terms and conditions of this Agreement or in relation to the Marketplace or any business, activity or transactions carried out or performed on the Marketplace.

7. No Warranty, Limitation of Liability

Subject to Section 4 above, YOU AGREE THAT SERVICE IS PROVIDED “AS IS” AND YOUR SOLE RECOURSE IN THE EVENT YOUR ARE DISSATISFIED WITH THE SERVICE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 BELOW. THEBASHCO MAKES NO WARRANTY, EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF AVAILABILITY, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL THEBASHCO BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THEBASHCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THEBASHCO’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU AS MONTHLY FEES FOR THE SERVICE DURING PRECEDING THREE MONTH PERIOD.

Without limiting the foregoing, Thebashco shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of Thebashco, including but not limited to: strikes or other labor conditions; fire, thunderstorms, incidents of severe weather and natural disasters; outages of power, network or network connections; failures, breaches, delays or nonperformance of cloud service providers or other suppliers used in connection with the Service.

8. Termination

You can terminate the Agreement at any time by informing Thebashco of the termination or by ceasing to use the Service OR Thebashco can terminate the Agreement to end by providing You at any time.

Upon termination, (i) the provision of Service to You shall cease immediately, (ii) Thebashco may delete all Contents from the Service, observing, however that Thebashco has a right, but no obligation, to retain the Materials or its part in order to enable You to reactivate the Service. Your payment obligations and Sections 2, 4, 5, 6 and 8 shall survive any termination or expiry of this Agreement.

9. Other Provisions

Reference

Thebashco may use general information (such as the name and/or logo) related to You and the Marketplace in its marketing of the Service pursuant to good business practices and reasonable guidelines submitted by You from time to time. You may present Yourself on the Marketplace and in public as user of the Service pursuant to good business practices and reasonable guidelines submitted by thebashco from time to time.

Amendments to this Agreement

Thebashco may change the terms and conditions of this Agreement or the price list at any time by posting the changed information and documents at thebashco.com and by striving to inform You of the change via email, at thebash.co or otherwise. However, if You are paying fees for the use of the Service, Thebashco shall inform You of material adversarial changes to the terms and conditions of this Agreement at least 30 days in advance and should You not wish to continue the use of the Service under the amended Agreement, You can terminate this Agreement to end on the date on which the changes would take effect by informing Thebashco of the termination before such date. By continuing to use the Service following such changes You agree to be bound by the amended Agreement. Any other modifications to this Agreement must be made in writing executed by both parties.

Entire Agreement

This Agreement (together with a possible separate written agreement referring to and incorporating these terms and conditions) constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the parties with respect to the subject matter of the Agreement.

Assignment

You may not assign this Agreement or any of Your rights and obligations hereunder to any third Party. Thebashco may assign this Agreement and any of its rights and obligations under this Agreement to its affiliate or a third party at any time without notice.

Independent Contractors

Nothing in this agreement shall be construed as creating a partnership, agency, joint venture or any legal entity between Thebashco and You. Thebashco is not acting as Your representative or agent with respect to the Service. The relationship between Thebashco and You is one of independent contractors.

No Waiver

The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect.

Governing Law, Resolution of Disputes

This Agreement shall be governed by the laws of Ireland and the European Union, excluding its choice of laws provisions. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with Irish law. The language of the arbitration shall be English or other language agreed by the Parties.